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Overstayed my visa by 5 month and now pregnant. How will this affect my green card application (through marriage)

Chicago, IL |

I've been married to a US citizen for about 3 months now. I originally came on an F1 visa. I've over stayed my visa for about 5 months now. We just raised enough money to apply for my greecard. I just found out that i'm 5 weeks pregnant. What do we do now? How would this affect our application?

Attorney Answers 4


It will not. Actually, it helps your application. The fact that you are pregnant will support your argument that your marriage with your US citizen spouse is in good faith. Congratulations, having a child is the most wonderful experience in the world!
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Your pregnancy will make your case even stronger if your husband is the father.
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Congratulations on your marriage and pregnancy. Being pregnant helps show that your marriage is real as long as the father is your husband. Having said that, I would take a closer look at the date of your marriage and see if it was within 90 days of entering the United States. If you did get married within 90 days of entering the US then the USCIS can allege that you entered the US with dual intent and the burden of proof will shift to you and you will have to affirmatively show that you did not have dual intent when you entered the US.

Congratulations again and good luck.

Khaja M. Din, Esq.

Din | Memmen, Inc.

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Why would a pregnancy affect the case?

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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